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Powers & Santola Blog

There are far too many circumstances in which police misconduct results in serious and fatal injuries to residents of upstate New York. There are many ways in which police misconduct can lead to serious harm, from intentional actions taken against people to negligent on-the-job behavior that results in the unintentional death of another person. No …

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Although OSHA has specific rules that employers must follow when ladders are being used on a job site, New York has its own requirements for ladder usage, and these are much broader in their scope than OSHA requirements. Sections 240 and 241 of New York’s Labor Law make every owner of a project and all …

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Patients have a general right to make their own medical decisions. As modern medicine is more complicated than ever, doctors and health providers have a proactive responsibility to ensure that patients are reasonably informed about the risks and benefits of proposed treatment plans. This is known as the principle of “informed consent.”  As defined by …

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Modern medicine is complicated. Patients have a general legal right to make decisions regarding their own treatment. Under the theory of informed consent, doctors and other medical professionals should explain the purpose and risk of a particular course of treatment before the patient agrees to it. In some cases, a patient may even be asked …

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In common law jurisdictions, such as New York State, the term ‘tort’ is used to describe “civil wrong.” In effect, it is a legal action for civil wrongdoing, other than a breach of contract. A personal injury lawsuit is a type of tort claim. Most personal injury cases are based on the theory of negligence—but …

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When proper precautions are not taken, a construction site has the potential to be a dangerous place. Head injuries remain a serious problem in the construction industry. The Centers for Disease Control and Prevention (CDC) reports that approximately 315 construction workers are killed as the result of job-related head injuries each year. Many tens of …

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Accidents happen every day. According to research by the Centers for Disease Control and Prevention (CDC), 39.5 million Americans seek professional medical attention for injuries each year. If your accident was caused by the carelessness or recklessness of any other party, you may be eligible to recover financial compensation through a personal injury case.  A …

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When you receive care from a physician, hospital, or other medical provider, you reasonably expect that you will get high-quality care. Unfortunately, in far too many cases, patients are harmed by substandard care. This raises an important question: How common is medical malpractice? Here, our Albany medical malpractice attorneys provide an overview of medical malpractice …

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Truck drivers must get adequate sleep to safely operate their vehicle. Unfortunately, that does not always occur. Too many truckers are on the road while dangerously fatigued. According to the Federal Motor Carrier Safety Administration (FMCSA), fatigue is a causal factor in approximately “13 percent of commercial motor vehicle (CMV)” accidents reported nationwide.  Fatigued driving …

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Moving an elderly parent or vulnerable family member into a nursing home is never an easy step to take. It is reasonable to expect that your loved one will receive the highest possible level of care. Sadly, that does not always happen. The National Center on Elder Abuse (NCEA) estimates that “at least one in …

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